Presidential Permit: Authorizing Junction Pipeline Company, LLC to Construct, Connect, Operate, and Maintain Pipeline Facilities at Toole County, Montana, at the International Boundary Between the United States and Canada
President Donald J. Trump issued a presidential permit to Junction Pipeline Company, LLC, allowing the construction, operation, and maintenance of pipeline facilities at the US-Canada border in Toole County, Montana.
The permit authorizes the import of crude oil and various petroleum products from Canada.
However, the permit is explicitly subject to numerous conditions, including adherence to all applicable federal, state, and local laws and regulations, regular inspections by relevant agencies, and removal of the facilities upon permit termination.
The permit also reserves the right of the US government to take possession of the facilities for national security reasons, and emphasizes that it does not create any legally enforceable rights against the US government.
Arguments For
Enhanced Energy Security: The pipeline facilitates the import of crucial energy resources, bolstering the nation's energy independence and resilience.
Economic Benefits: The project creates jobs during construction and operation, stimulates economic activity in Montana, and potentially lowers energy costs for consumers.
International Cooperation: The permit demonstrates cooperative efforts between the US and Canada on energy matters, strengthening bilateral relations, and showcasing mutual economic benefit.
Legal Precedent: Presidential permits have a long history of authorizing cross-border infrastructure projects, establishing a legal framework for such undertakings.
Arguments Against
Environmental Concerns: Pipeline construction and operation may pose risks to the environment, including potential oil spills and habitat disruption in Montana.
Indigenous Rights: The project’s proximity to Indigenous lands might impact their rights and heritage, necessitating robust consultation and mitigation efforts.
Climate Change Impact: Reliance on fossil fuels exacerbates climate change concerns. Alternative energy infrastructure development should be prioritized.
Regulatory Oversight: The effectiveness of regulatory bodies in ensuring adherence to safety and environmental standards during construction and operation needs to be carefully assessed and strengthened.
By virtue of the authority vested in me as President of the United States of America (the “President”), I hereby grant this Presidential permit, subject to the conditions herein set forth, to Junction Pipeline Company, LLC (the “permittee”). The permittee is a limited liability company, organized under the laws of the State of Texas. Permission is hereby granted to the permittee to construct, connect, operate, and maintain pipeline Border facilities, as described herein, at the international border of the United States and Canada at Toole County, Montana, for the import from Canada into the United States of crude oil and petroleum products of every description, refined or unrefined (inclusive of, but not limited to, naphtha, liquefied petroleum gas, natural gas liquids, jet fuel, gasoline, kerosene, and diesel), but not including natural gas subject to section 3 of the Natural Gas Act, as amended (15 U.S.C. 717b).
President Trump grants a permit to Junction Pipeline Company to build, operate and maintain a pipeline at the US-Canada border in Montana.
The pipeline will import crude oil and petroleum products (excluding natural gas) from Canada.
The permit is conditional.
This permit does not affect the applicability of any otherwise-relevant laws and regulations. As confirmed in Article 2 of this permit, the Border facilities shall remain subject to all such laws and regulations.
Existing laws and regulations continue to apply to the pipeline's construction and operation.
Article 2 details these regulatory requirements further.
The term “Facilities” as used in this permit means the portion in the United States of the international pipeline project associated with the permittee’s April 8, 2021, application for an amendment to its existing permit, and any land, structures, installations, or equipment appurtenant thereto.
The term "Facilities" refers to the US portion of the pipeline project, as outlined in a prior application amendment, including all related land and equipment.
The term “Border facilities” as used in this permit means those parts of the Facilities consisting of a 30-inch diameter pipeline extending from the international border between the United States and Canada at Toole County, Montana, to and including the first mainline shut-off valve or pumping station in the United States located approximately one quarter of a mile from the international border, and any land, structures, installations, or equipment appurtenant thereto.
The "Border facilities" specifically refers to the 30-inch diameter section of the pipeline from the border to the first US valve/pump station, about a quarter-mile into US territory, along with associated equipment.
This permit is subject to the following conditions:
Article 1. The Border facilities herein described, and all aspects of their operation, shall be subject to all the conditions, provisions, and requirements of this permit and any subsequent Presidential amendment to it. The permittee shall make no substantial change in the Border facilities, in the location of the Border facilities, or in the operation authorized by this permit unless the President has approved the change in an amendment to this permit or in a new permit. Such substantial changes do not include, and the permittee may make, changes to the average daily throughput capacity of the Border facilities to any volume of products that is achievable through the Border facilities, and to the directional flow of any such products.
Article 1 states that all operations and the facilities themselves are bound by this permit and any presidential amendments.
The permittee needs presidential approval for any large-scale facility changes, with the exception of adjusting daily throughput capacity and product flow direction.
Article 2. The standards for, and the manner of, construction, connection, operation, and maintenance of the Border facilities shall be subject to inspection by the representatives of appropriate Federal, State, and local agencies. Officers and employees of such agencies who are duly authorized and performing their official duties shall be granted free and unrestricted access to the Border facilities by the permittee. The Border facilities, including the construction, connection, operation, and maintenance of the Border facilities, shall be subject to all applicable laws and regulations, including pipeline safety laws and regulations issued or administered by the Pipeline and Hazardous Materials Safety Administration of the U.S. Department of Transportation. The permittee shall obtain requisite permits from relevant State and local governmental entities, and relevant Federal agencies.
Article 2 mandates inspections by federal, state, and local agencies.
Authorized representatives will have open access to the facilities and all operations must comply with all applicable laws and regulations, including those from the Pipeline and Hazardous Materials Safety Administration (PHMSA).
The permittee must also obtain necessary permits from other state, local, and federal agencies.
Article 3. Upon the termination, revocation, or surrender of this permit, unless otherwise decided by the President, the permittee, at its own expense, shall remove the Border facilities within such time as the President may specify. If the permittee fails to comply with an order to remove, or to take such other appropriate action with respect to, the Border facilities, the President may direct an appropriate official or agency to take possession of the Border facilities — or to remove the Border facilities or take other action — at the expense of the permittee. The permittee shall have no claim for damages caused by any such possession, removal, or other action.
Article 3 outlines that the permittee is responsible for removing the facilities at its own cost if the permit is terminated, revoked, or surrendered.
If the permittee fails to do so, the President can order removal, with all costs borne by the permittee.
The permittee waives any right to damages incurred through this process.
Article 4. When, in the judgment of the President, ensuring the national security of the United States requires entering upon and taking possession of any of the Border facilities or parts thereof, and retaining possession, management, or control thereof for such a length of time as the President may deem necessary, the United States shall have the right to do so, provided that the President or his designee has given due notice to the permittee. The United States shall also have the right thereafter to restore possession and control to the permittee. In the event that the United States exercises the rights described in this article, it shall pay to the permittee just and fair compensation for the use of such Border facilities, upon the basis of a reasonable profit in normal conditions, and shall bear the cost of restoring the Border facilities to their previous condition, less the reasonable value of any improvements that may have been made by the United States.
Article 4 allows the President to take possession of the facilities for national security reasons, after providing notice. The government must provide just compensation for use and restoration costs, minus the value of any improvements made during government possession.
Article 5. Any transfer of ownership or control of the Border facilities, or any part thereof, or any changes to the name of the permittee, shall be immediately communicated in writing to the President or his designee, and shall include information identifying any transferee. Notwithstanding any such transfers or changes, this permit shall remain in force subject to all of its conditions, permissions, and requirements, and any amendments thereto.
Article 5 requires immediate written notice to the President of any ownership, control, or name changes related to the facilities.
The permit remains active under the same conditions, regardless of such changes.
Article 6. (1) The permittee is responsible for acquiring any right-of-way grants or easements, permits, and other authorizations as may become necessary or appropriate.
(2) The permittee shall hold harmless and indemnify the United States from any claimed or adjudged liability arising out of construction, connection, operation, or maintenance of the Border facilities, including environmental contamination from the release, threatened release, or discharge of hazardous substances or hazardous waste.
(3) To ensure the safe operation of the Border facilities, the permittee shall maintain them and every part of them in a condition of good repair and in compliance with applicable law.
Article 6 assigns the permittee responsibility for acquiring necessary rights-of-way and other permits.
The permittee must also protect the US government from any liability resulting from facility operations, including environmental damage.
The permittee is obligated to maintain the facilities in good condition and compliance with laws.
Article 7. The permittee shall file with the President or his designee, and with appropriate agencies, such sworn statements or reports with respect to the Border facilities, or the permittee’s activities and operations in connection therewith, as are now, or may hereafter, be required under any law or regulation of the United States Government or its agencies. These reporting obligations do not alter the intent that this permit be operative as a directive issued by the President alone.
Article 7 requires the permittee to file sworn statements and reports with the President and relevant agencies, as required by law.
This reporting does not change the presidential nature of the permit itself.
Article 8. Upon request, the permittee shall provide appropriate information to the President or his designee with regard to the Border facilities. Such requests could include information concerning current conditions or anticipated changes in ownership or control, construction, connection, operation, or maintenance of the Border facilities.
Article 8 allows the President or designee to request information on the facilities.
Such requests could cover current conditions or potential changes.
Article 9. This permit is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Article 9 clarifies that the permit does not create any legally enforceable rights against the US government or its entities, officers, or employees for any party.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord two thousand twenty-five, and of the Independence of the United States of America the two hundred and forty-ninth.
DONALD J. TRUMP
This is the presidential signature and date, formally concluding the document.